Bill Text: NY A09278 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes the crime of operating a vehicle while fatigued; relates to vehicular assault and vehicular manslaughter by including within the definition of such crimes the operation of a vehicle while fatigued where the result of such operation is serious physical injury or death to another person.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-07 - referred to transportation [A09278 Detail]
Download: New_York-2013-A09278-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9278
I N A S S E M B L Y
April 7, 2014
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to operating a vehicle while fatigued; in relation to vehicu-
lar assault and vehicular manslaughter; and providing for the mandato-
ry suspension of a driver's license upon conviction of operating a
vehicle while fatigued
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1212-a to read as follows:
3 S 1212-A. OPERATING A VEHICLE WHILE FATIGUED. (A) A PERSON IS GUILTY
4 OF OPERATING A VEHICLE WHILE FATIGUED WHEN HE OR SHE OPERATES ANY VEHI-
5 CLE WHILE HIS OR HER ABILITY TO DRIVE IS IMPAIRED BY FATIGUE. PROOF OF
6 FATIGUED OPERATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
7 (1) EVIDENCE THAT THE DEFENDANT FELL ASLEEP WHILE DRIVING;
8 (2) EVIDENCE THAT THE DEFENDANT WAS AWARE OR SHOULD REASONABLY HAVE
9 BEEN EXPECTED TO BE AWARE THAT HE OR SHE HAS BEEN WITHOUT SLEEP FOR
10 TWENTY-FOUR OR MORE CONSECUTIVE HOURS.
11 EVIDENCE OF SUCH LACK OF SLEEP AS SET FORTH IN THIS SUBDIVISION SHALL
12 CREATE A REBUTTABLE PRESUMPTION THAT SUCH PERSON'S ABILITY TO DRIVE WAS
13 IMPAIRED BY FATIGUE.
14 (B) FOR THE PURPOSES OF THIS SECTION, THE TERM "VEHICLE" SHALL MEAN A
15 MOTOR VEHICLE, MOTORCYCLE, VESSEL, PUBLIC VESSEL, SNOWMOBILE, ALL-TER-
16 RAIN VEHICLE OR ANY OTHER VEHICLE PROPELLED BY ANY POWER OTHER THAN
17 MUSCULAR POWER.
18 (C) THIS SECTION SHALL NOT APPLY TO EMERGENCY PERSONNEL ENGAGED IN THE
19 RESPONSE TO A CATASTROPHIC EVENT WHICH AFFECTS PUBLIC SAFETY; OR
20 MEDICAL, FIRE OR AMBULANCE PERSONNEL RESPONDING TO CERTAIN EMERGENCIES
21 OR CALLS FOR ASSISTANCE; OR PERSONS IMPAIRED BY FATIGUE UNDER CIRCUM-
22 STANCES IN WHICH A REASONABLE PERSON WOULD NOT HAVE ANTICIPATED THE
23 ONSET OF FATIGUE NOR HAD A REASONABLE OPPORTUNITY TO DISCONTINUE OPERA-
24 TION OF HIS OR HER VEHICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03118-02-4
A. 9278 2
1 (D) EVERY PERSON VIOLATING THIS SECTION SHALL BE GUILTY OF A CLASS A
2 MISDEMEANOR. A FIRST VIOLATION OF THIS SECTION SHALL BE SUBJECT TO A
3 FINE NOT TO EXCEED FIVE HUNDRED DOLLARS; ANY SUBSEQUENT VIOLATION OF
4 THIS SECTION SHALL BE SUBJECT TO A FINE NOT TO EXCEED ONE THOUSAND
5 DOLLARS AND MANDATORY LICENSE SUSPENSION IN ACCORDANCE WITH THE
6 PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
7 S 2. Paragraph b of subdivision 2 of section 510 of the vehicle and
8 traffic law is amended by adding a new subparagraph (xviii) to read as
9 follows:
10 (XVIII) FOR A PERIOD OF SIX MONTHS WHERE THE HOLDER IS CONVICTED OF A
11 VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF THIS CHAPTER.
12 S 3. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1193
13 of the vehicle and traffic law, as amended by chapter 196 of the laws of
14 1996, is amended and a new subparagraph 3 is added to read as follows:
15 (2) Persons under the age of twenty-one; driving after having consumed
16 alcohol. Six months, where the holder has been found to have operated a
17 motor vehicle after having consumed alcohol in violation of section
18 eleven hundred ninety-two-a of this article where such person was under
19 the age of twenty-one at the time of commission of such violation[.];
20 (3) PERSONS UNDER THE AGE OF TWENTY-ONE; OPERATING A VEHICLE WHILE
21 FATIGUED. SIX MONTHS, WHERE THE HOLDER HAS BEEN FOUND TO HAVE OPERATED A
22 VEHICLE WHILE FATIGUED IN VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A
23 OF THIS CHAPTER WHERE SUCH PERSON WAS UNDER THE AGE OF TWENTY-ONE AT THE
24 TIME OF COMMISSION OF SUCH VIOLATION.
25 S 4. Section 120.03 of the penal law, as amended by chapter 732 of the
26 laws of 2006, is amended to read as follows:
27 S 120.03 Vehicular assault in the second degree.
28 A person is guilty of vehicular assault in the second degree when he
29 or she causes serious physical injury to another person, and either:
30 (1) operates a motor vehicle in violation of subdivision two, three,
31 four or four-a of section eleven hundred ninety-two of the vehicle and
32 traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
33 TWELVE-A OF THE VEHICLE AND TRAFFIC LAW or operates a vessel or public
34 vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two
35 of section forty-nine-a of the navigation law, and as a result of such
36 intoxication or impairment by the use of a drug, or by the combined
37 influence of drugs or of alcohol and any drug or drugs, OR BY FATIGUE,
38 operates such motor vehicle, vessel or public vessel in a manner that
39 causes such serious physical injury to such other person, or
40 (2) operates a motor vehicle with a gross vehicle weight rating of
41 more than eighteen thousand pounds which contains flammable gas, radio-
42 active materials or explosives in violation of subdivision one of
43 section eleven hundred ninety-two of the vehicle and traffic law OR
44 OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF
45 THE VEHICLE AND TRAFFIC LAW, and such flammable gas, radioactive materi-
46 als or explosives is the cause of such serious physical injury, and as a
47 result of such impairment by the use of alcohol, OR BY FATIGUE, operates
48 such motor vehicle in a manner that causes such serious physical injury
49 to such other person, or
50 (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
51 subdivision one of section 25.24 of the parks, recreation and historic
52 preservation law or operates an all terrain vehicle as defined in para-
53 graph (a) of subdivision one of section twenty-two hundred eighty-one of
54 the vehicle and traffic law and in violation of subdivision two, three,
55 four, or four-a of section eleven hundred ninety-two of the vehicle and
56 traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
A. 9278 3
1 TWELVE-A OF THE VEHICLE AND TRAFFIC LAW, and as a result of such intoxi-
2 cation or impairment by the use of a drug, or by the combined influence
3 of drugs or of alcohol and any drug or drugs, OR BY FATIGUE, operates
4 such snowmobile or all terrain vehicle in a manner that causes such
5 serious physical injury to such other person.
6 If it is established that the person operating such motor vehicle,
7 vessel, public vessel, snowmobile or all terrain vehicle caused such
8 serious physical injury while: (A) unlawfully intoxicated or impaired by
9 the use of alcohol or a drug[,]; OR (B) UNLAWFULLY IMPAIRED BY FATIGUE
10 then there shall be a rebuttable presumption that, as a result of such
11 intoxication or impairment by the use of alcohol or a drug, or by the
12 combined influence of drugs or of alcohol and any drug or drugs, OR BY
13 FATIGUE, such person operated the motor vehicle, vessel, public vessel,
14 snowmobile or all terrain vehicle in a manner that caused such serious
15 physical injury, as required by this section.
16 Vehicular assault in the second degree is a class E felony.
17 S 5. The second undesignated paragraph of section 120.04 of the penal
18 law, as amended by chapter 496 of the laws of 2009, is amended to read
19 as follows:
20 If it is established that the person operating such motor vehicle
21 caused such serious physical injury or injuries while: (A) unlawfully
22 intoxicated or impaired by the use of alcohol or a drug, or by the
23 combined influence of drugs or of alcohol and any drug or drugs[,]; OR
24 (B) UNLAWFULLY IMPAIRED BY FATIGUE then there shall be a rebuttable
25 presumption that, as a result of such intoxication or impairment by the
26 use of alcohol or a drug, or by the combined influence of drugs or of
27 alcohol and any drug or drugs, OR BY FATIGUE, such person operated the
28 motor vehicle in a manner that caused such serious physical injury or
29 injuries, as required by this section and section 120.03 of this arti-
30 cle.
31 S 6. Section 125.12 of the penal law, as amended by chapter 732 of the
32 laws of 2006, is amended to read as follows:
33 S 125.12 Vehicular manslaughter in the second degree.
34 A person is guilty of vehicular manslaughter in the second degree when
35 he or she causes the death of another person, and either:
36 (1) operates a motor vehicle in violation of subdivision two, three,
37 four or four-a of section eleven hundred ninety-two of the vehicle and
38 traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
39 TWELVE-A OF THE VEHICLE AND TRAFFIC LAW or operates a vessel or public
40 vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two
41 of section forty-nine-a of the navigation law, and as a result of such
42 intoxication or impairment by the use of a drug, or by the combined
43 influence of drugs or of alcohol and any drug or drugs OR FATIGUE, oper-
44 ates such motor vehicle, vessel or public vessel in a manner that causes
45 the death of such other person, or
46 (2) operates a motor vehicle with a gross vehicle weight rating of
47 more than eighteen thousand pounds which contains flammable gas, radio-
48 active materials or explosives in violation of subdivision one of
49 section eleven hundred ninety-two of the vehicle and traffic law OR
50 OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF
51 THE VEHICLE AND TRAFFIC LAW, and such flammable gas, radioactive materi-
52 als or explosives is the cause of such death, and as a result of such
53 impairment by the use of alcohol, OR BY FATIGUE, operates such motor
54 vehicle in a manner that causes the death of such other person, or
55 (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
56 subdivision one of section 25.24 of the parks, recreation and historic
A. 9278 4
1 preservation law or operates an all terrain vehicle as defined in para-
2 graph (a) of subdivision one of section twenty-two hundred eighty-one of
3 the vehicle and traffic law in violation of subdivision two, three,
4 four, or four-a of section eleven hundred ninety-two of the vehicle and
5 traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
6 TWELVE-A OF THE VEHICLE AND TRAFFIC LAW, and as a result of such intoxi-
7 cation or impairment by the use of a drug, or by the combined influence
8 of drugs or of alcohol and any drug or drugs OR FATIGUE, operates such
9 snowmobile or all terrain vehicle in a manner that causes the death of
10 such other person.
11 If it is established that the person operating such motor vehicle,
12 vessel, public vessel, snowmobile or all terrain vehicle caused such
13 death while: (A) unlawfully intoxicated or impaired by the use of alco-
14 hol or a drug[,]; OR (B) UNLAWFULLY IMPAIRED BY FATIGUE then there shall
15 be a rebuttable presumption that, as a result of such intoxication or
16 impairment by the use of alcohol or a drug, or by the combined influence
17 of drugs or of alcohol and any drug or drugs, OR BY FATIGUE, such person
18 operated the motor vehicle, vessel, public vessel, snowmobile or all
19 terrain vehicle in a manner that caused such death, as required by this
20 section.
21 Vehicular manslaughter in the second degree is a class D felony.
22 S 7. The second undesignated paragraph of section 125.13 of the penal
23 law, as amended by chapter 496 of the laws of 2009, is amended to read
24 as follows:
25 If it is established that the person operating such motor vehicle
26 caused such death or deaths while: (A) unlawfully intoxicated or
27 impaired by the use of alcohol or a drug, or by the combined influence
28 of drugs or of alcohol and any drug or drugs[,]; OR (B) UNLAWFULLY
29 IMPAIRED BY FATIGUE then there shall be a rebuttable presumption that,
30 as a result of such intoxication or impairment by the use of alcohol or
31 a drug, or by the combined influence of drugs or of alcohol and any drug
32 or drugs, OR BY FATIGUE such person operated the motor vehicle in a
33 manner that caused such death or deaths, as required by this section and
34 section 125.12 of this article.
35 S 8. This act shall take effect on the one hundred eightieth day after
36 it shall have become a law.
